What to Know About Shared Fault in Auto Accident Claims

Being involved in a car accident is stressful and can be debilitating. The last thing you need to worry about is who will be found at fault in the collision. You don’t believe you were at fault, but the other person refuses to accept responsibility. What does this mean for your case? It’s possible that some Georgia car accidents may result in shared fault.

Shared fault auto accident claims can be frustrating for those who firmly believe they shouldn’t have to carry any of the blame, but it’s better than the alternative of no one being held responsible. A skilled car crash attorney can be invaluable when navigating a case with shared blame. My 25% Lawyer is Atlanta’s trusted personal injury law firm, ready to do just that.

What Is Shared Fault?

According to Progressive Insurance, shared fault may be used to explain an accident in which both drivers involved are deemed to share some blame. This is also known as comparative fault. If you’re involved in a shared liability car accident, state laws will determine the amount of damages awarded to you. The Official Code of Georgia Annotated § 51-12-33 states that, “Where an action is brought against more than one person for injury…in its determination of the total amount of damages to be awarded, if any, shall after a reduction of damages…among the persons who are liable according to the percentage of fault of each person.” Or, in other words, the amount of compensation you would have received will be reduced by the amount of responsibility for the accident that is assigned to you.

Types of Shared Fault

In Georgia, comparative negligence — also known as shared liability — has three options: pure comparative negligence, modified comparative negligence, and contributory negligence. Let’s discuss their differences.

• Pure Comparative Negligence: Each involved person is assigned a percentage of fault, which reduces their compensation by that percentage. For example, if you were found 25% liable for your injuries, your compensation of $500,000 would be reduced by 25% (125,000), leaving you with 375,000.
• Modified Comparative Negligence: This type of shared liability limits compensation based on the percentage of fault that each party is responsible for. Typically, if found to be 50% or more at fault, the involved parties will not receive any compensation.
• Contributory Negligence: If found to be even 1% at fault, the said at-fault party cannot recover any damages from the other party.

Determining Fault

Determining fault in Georgia car accidents heavily relies on the evidence and collected documentation. The only way your attorney will be able to prove you have no responsibility for causing the accident is if they can firmly establish the other party’s fault. To do so, they need to demonstrate elements of negligence, which include:

• The at-fault party had a legal duty to adhere to a certain standard of conduct
• The at-fault party breached this duty of care
• The breach of duty caused your injuries
• The damages you suffered as a result

This step is crucial to determining whether or not you’ll be able to hold them accountable for what you’ve lost.

What Evidence Can Help My Case?

To ensure you have the best possible chance at winning, gather as much compelling evidence as possible. From there, your experienced My 25% Lawyer will begin a thorough investigation based on the evidence you’ve provided and expand it. This reassurance about the thoroughness of the inquiry should instill confidence in the audience. In doing so, they will look for any evidence to prove that you were less than 50 percent responsible in the shared liability car accident.

In some cases, they may even collaborate with accident reconstruction experts to determine how the car crash occurred and assign fault. By gathering such evidence, your attorney will be able to establish a solid case to pursue a favorable outcome on your behalf. Evidence they may use could include:

• Police and accident reports
• Photos and videos from the scene
• Traffic camera footage
• Eyewitness statements
• Medical reports/records
• Bills and statements related to the car accident
• Proof of lost wages as a result of the accident

Get Your Dues with My 25% Lawyers

Georgia comparative negligence cases can be complicated. The percentage of fault attributed to you often depends on how diligent your legal team was during the investigation period. Whether they fought fiercely to dispute your blame percentage or not can mean the difference between receiving the full amount of compensation you deserve or being left with nothing at all.

Working with an experienced and dedicated team isn’t just the type of legal advocacy you need—it’s what you deserve. The team at My 25% Lawyer is well-versed in Georgia laws on car accidents. We’ll use the full extent of our resources to establish your innocence, provide solid guidance, and ensure you can pursue compensation. What are you waiting for? If you’ve been involved in a devastating crash, reach out to a My 25% Lawyer.

Never be surprised by your attorney’s cut when you work with us. We always take the same amount: 25%. Call today to schedule a consultation and take the first step toward building your case.